Michigan Moves to Crack Down on the Sale and Advertising of Vapor Products

In a press release dated September 3, 2019, Michigan Governor Gretchen Whitmer announced her administration would be introducing emergency rules to ban the sale of “flavored vaping products” in retail stores and online, and ban “misleading” marketing of vaping products, including the use of terms like “clean,” “safe,” and “healthy.” The governor also ordered the Michigan Department of Transportation to enforce an existing statute to prohibit the advertising of vapor products on billboards. In what appeared to be a highly coordinated effort with certain anti-vaping advocates, the governor refenced a “finding” made earlier in the week by the Michigan Department of Health and Human Services that the State of Michigan faces a vaping crisis among youth. The emergency rules have not yet issued. It is unclear under what authority these emergency rules will be issued and Troutman Sanders will be happy to assist anyone seeking advice on both challenging and complying with these measures.

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